Legal Document

Title: Ship breaking and Recycling Rules 2011
Type: Rules
Issuing Agency: Ministry of Industries
Responsible Agency: Ministry of Industries
Issuing Date: 12-12-2011
 
 
Bangladesh  Gadget
 
Published on December 12, 2011
 
Ministry of Commerce
 
 
 
I. Short title. meaning, extent and commencement:
 
“The Ship Breaking and Recycling Rules. 2011" herein alter referred to as
‘Rule’ has been formulated in pursuance of the Hon'ble High Court Division of
Supreme Court. in urn petition No. 7260 of 2008 dated May 24. 201 1 taking into
consideration the directions contained in the order.
 
1.1 Unless the context otherwise requires. the other terns used in the rule shall
have the meaning assigned to them under the guideline. policy. rules. acts such as
Petroleum Act. 1934. explosive Act. 1884. Bangladesh Environment
Conservation Act. 1995 (Act. I of 1995 amended on 2010. Labor Act. 2006.
Import Policy Order. ILO Guidelines for safety and health in ship breaking
activities. The Hong Kong International (Guidelines for safe and environmentally
sound recycling of ships. 2009. Basel Convention 1989.
 
l.2 The rules shall be applicable to all ship recycling activities in Bangladesh and
administer by the appropriate agency under Ministry of Industries.
 
l.3 However, the Ministry of Shipping. Government of Bangladesh and the
respective Port Authorities or the concerned Department of the Government
reserve the right to give specific exemptions for undertaking recycling/breaking
of ships grounded at any other sea front other than I recognized ship recycling
plot or yard with the consent of Ministry of Industries. These rules do not apply
to the ships, which are grounded and defined as wreak.
  
1.4 A ship delivered physically for recycling shall not be subject to any claim or
maritime lien arising against any former owner of ship.
 
1.5 The rule shall come in to force from the date of publication in the official
Gazette. However, nothing in this rule shall affect any Jurisdiction, functions.
powers or duties required to be exercised, performed or discharged by existing
practice.
 
2. Definition :
 
i. “Rule” means The Ship Breaking and Ship Recycling Rules. 20!! for safe and
environmentally sound ship recycling in Bangladesh.
 
ii. ' Inspector” means an inspector appointed tinder SBSRB.
 
iii. "Port Authority" means a Port officer or arty other person appointed and
authorized by the Ministry of Shipping,
 
iv. ‘Owner of ship recycling yard‘ means any persons) paste: a yard to operate
ship recycling activities within the declared ship recycling zone.
 
v “Ship Recycling You!” A piece of land of suitable dimension in ship recycling
rate declared by Ministry of Industries where ship recycling activities could
carried out with required facility as per Rule.
  
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